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A Notice of Proposal to Strike Off is an official warning from the Austrian Commercial Register that a company might be removed from their records. This happens when a company hasn't filed required reports, paid fees, or shown signs of active business operations for an extended period.

Once issued, company directors have about 60 days to respond or resolve the issues. If they don't take action, the company gets removed from the register and legally ceases to exist. The Austrian Business Code (Unternehmensgesetzbuch) requires this step before involuntary dissolution to protect creditors and ensure proper business conduct.

Austrian companies need to act quickly when they receive a Notice of Proposal to Strike Off. This warning signals serious compliance issues that require immediate attention, typically involving missing annual reports, outdated company information, or prolonged business inactivity.

The notice starts a critical 60-day window to address these problems. During this time, companies must file any outstanding documents, update their registry information, or demonstrate active business operations. Companies planning voluntary dissolution might choose to let the notice proceed, but most businesses need to respond promptly to maintain their legal status and avoid involuntary removal from the Commercial Register.

• Standard Notice: The most common type, issued directly by the Commercial Register when companies fail to file annual reports or show business activity.
• Administrative Notice: Used specifically for companies with incomplete or outdated registry information, often involving director details or registered address changes.
• Financial Non-Compliance Notice: Issued when companies have unpaid registry fees or outstanding financial obligations.
• Multiple-Entity Notice: For corporate groups where several related companies face simultaneous removal proceedings.
• Accelerated Notice: Applied in cases of serious regulatory breaches requiring faster resolution timeframes.

• Commercial Register Officials: Issue and manage these notices as part of their regulatory oversight duties for Austrian companies.
• Company Directors: Must respond to the notice and take corrective actions within the given timeframe to prevent company dissolution.
• Corporate Lawyers: Help companies address legal compliance issues and draft responses to prevent strike-off.
• Creditors: Receive notification about potential company removals affecting their interests.
• Business Stakeholders: Including shareholders and business partners who need to be informed about the company's status and potential dissolution.

• Company Details: Gather the full legal name, registration number, and registered address from the Commercial Register.
• Non-Compliance Evidence: Document specific violations, missed filings, or inactive periods that triggered the notice.
• Timeline Verification: Confirm all relevant dates, including when issues began and statutory response deadlines.
• Stakeholder Information: List all affected parties who need notification, including directors, shareholders, and creditors.
• Response Options: Our platform helps outline available remedies and generates precise, legally-compliant notices that meet Austrian requirements.

• Company Identification: Full legal name, registration number, and registered office address as recorded in the Commercial Register.
• Legal Basis: Specific reference to relevant sections of the Austrian Business Code triggering the strike-off action.
• Non-Compliance Details: Clear description of violations or circumstances leading to the notice.
• Response Period: Explicit statement of the 60-day deadline and required actions to prevent strike-off.
• Official Authentication: Commercial Register's seal, reference number, and issuing authority details.
• Legal Consequences: Clear explanation of what happens if no response is received within the deadline.

The Notice of Proposal to Strike Off differs significantly from a Notice of Default in both purpose and consequences. While both documents signal serious legal issues, they operate in different spheres of business law and trigger distinct response requirements.

• Issuing Authority: Strike-off notices come exclusively from the Austrian Commercial Register, while default notices can be issued by any contracting party.
• Legal Impact: Strike-off notices threaten the company's very existence and registration status; default notices primarily affect specific contractual relationships.
• Response Timeline: Strike-off notices mandate a strict 60-day response period under Austrian law; default notices typically follow contractually agreed timeframes.
• Resolution Options: Strike-off notices require specific regulatory compliance actions; default notices usually allow for various remedial solutions between parties.
• Public Record: Strike-off notices become part of the public commercial register; default notices generally remain private between parties.